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All articles tagged '"arbitration agreement"'
238 articles found
NLRB Judge Rules Houston-Based Restaurant Chain’s Collective Action Ban Violates NLRA
By Beth Graham - December 15, 2016
Last week, a National Labor Relations Board (“NLRB”) administrative law judge ruled that a Houston-based restaurant chain violated Section 8(a)(1) of the National Labor Relations Act (“NLRA”) when it required workers to sign a mandatory arbitration agreement that included a collective action waiver.
Wells Fargo Asks Federal Court to Send Class-Action Lawsuit Over Unauthorized Customer Accounts to Arbitration
By Beth Graham - November 30, 2016
Last week, San Francisco-based bank Wells Fargo reportedly asked a federal judge in Utah to send a proposed class-action lawsuit that was recently filed against the company to arbitration.
Delaware Bankruptcy Court Holds Employer’s Class Arbitration Waiver Violates NLRA
By Beth Graham - November 14, 2016
In a case of first impression, a Delaware bankruptcy court has ruled that a class-action waiver included in an employer’s arbitration agreement violates the National Labor Relations Act (“NLRA”) despite containing a 30-day opt-out clause.
Fifth Circuit Hears Oral Argument in Employers’ Stand-Alone Class-Action Waiver Case
By Beth Graham - September 28, 2016
For years, the United States Court of Appeals for the Fifth Circuit has maintained that a class-action waiver included in an employer’s arbitration agreement is enforceable.
Three Petitions for Certiorari Filed Over Collective Action Bans in Employment Arbitration Agreements
By Beth Graham - September 15, 2016
On September 2nd, Epic Systems Corporation filed a petition for certiorari with the United States Supreme Court following a Seventh Circuit Court of Appeals ruling which stated a mandatory class action waiver included in an employer’s arbitration agreement violated the National Labor Relations Act (“NLRA”).
Fifth Circuit Again Rejects NLRB’s Position on Class Action Waivers in Arbitral Agreements
By Beth Graham - August 19, 2016
The United States Court of Appeals for the Fifth Circuit has once again rejected a National Labor Relations Board’s (“NLRB”) order stating a class action waiver included in an agreement to arbitrate violates the National Labor Relations Act (NLRA).
Fifth Circuit Orders FLSA Dispute to Arbitration Based on Delegation Clause in Employer’s Arbitration Policy
By Beth Graham - August 10, 2016
The nation’s Fifth Circuit Court of Appeals has ruled that a delegation clause stating gateway determinations regarding arbitrability must be decided by an arbitrator applied to an oil worker’s preexisting Fair Labor Standards Act (“FLSA”) claim.
Supreme Court of Texas Holds Company Did Not Waive Right to Arbitration
By Beth Graham - August 1, 2016
The Supreme Court of Texas has ruled that a company did not waive its right to arbitration by engaging in the litigation process with a third party.
Dallas COA Compels Arbitration in Injured Nurse’s Lawsuit Against Former Employer
By Beth Graham - July 13, 2016
Texas’ Fifth District Court of Appeals in Dallas has ordered an injured nurse’s lawsuit filed against his former employer to arbitration.
Ninth Circuit Holds Client May Sue Former Law Firm After Mandatory Arbitration Was Terminated for Non-Payment
By Beth Graham - July 11, 2016
The United States Court of Appeals for the Ninth Circuit has issued a decision stating a law firm’s client may pursue a legal malpractice case against her former attorneys despite that she was unable to pay her share of mandatory arbitration expenses.
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